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Can I File a Lawsuit for a Whiplash Injury?

by | Jun 22, 2022 | Injury Types

Whiplash is a neck injury that may occur in small and serious Colorado Springs car accidents. Even in a minor collision, the neck may swing back and forth, putting tension on the muscles and tendons. Whiplash is a painful or debilitating injury that may occur due to this.

Even though most occurrences of whiplash are minor whiplash injuries, sufferers in Colorado may be able to receive compensation for their losses via litigation. You may be able to bring a personal injury lawsuit if someone else caused your car accident or another event, and as a result, your whiplash injury. Contact our Colorado Springs car accident attorneys if you have been involved in an automobile accident.

WHAT IS WHIPLASH AND HOW DOES IT AFFECT YOU?

Whiplash happens when a force moves the head and neck quickly in one direction and then the other, similar to how a whip moves. The ligaments in the neck may be strained or torn by this sudden motion, resulting in various symptoms that might last days, weeks, or months.

WHIPLASH INJURIES FROM A CAR ACCIDENT

Neck discomfort, headaches near the base of the skull, and difficulty moving the head and neck are the most prevalent symptoms.

  • Neck stiffness
  • Loss of mobility
  • Shoulder tenderness
  • Arm tingling feelings
  • Dizziness or vertigo
  • Blurred vision
  • Tinnitus
  • Fatigue or difficulty sleeping
  • Need for Cervical Collar
  • Cervical Spine Instability
  • Neck Strain
  • Neck Sprain
  • Stiff Neck

Whiplash symptoms might develop immediately after a car accident, or they can take hours or even days to manifest. The adrenaline from the car accident might sometimes obscure the signs of Whiplash in a sufferer. After a car accident, a sports hit, or physical assault, you should seek medical treatment as soon as you observe probable whiplash symptoms.

IS IT NECESSARY TO PROVE WHIPLASH?

Whiplash is a soft tissue injury that affects the neck and shoulders. Whiplash does not appear on medical scans or x-rays as a bone fracture would. This might make providing a whiplash to an insurance company during an accident claim challenging.

Unfortunately, to collect compensation for your connected losses, most insurance companies will want you to substantiate your Whiplash. Depending on the circumstances of your accident, economic or noneconomic damages may be incurred.

  • Medical gear such as a neck brace or collar
  • Prescription drugs such as anti-inflammatories and painkillers
  • Estimated lost income from having to stay home from work or do lower activities as a result of whiplash treatment
  • Emotional discomfort as a result of your whiplash injuries or accident
  • Physical neck pain , as well as back pain

Depending on the facts of your case, you may also be entitled to damages such as car repairs and punitive penalties.

However, medical documentation establishing Whiplash may be required before an insurer would agree to pay you a payment. If you tell a doctor about your symptoms as soon as possible after an accident, you could get a doctor’s note verifying your diagnosis.

Receiving a payout from the at-fault party should be as simple as providing medical documents to the insurance company.

WHERE DO YOU GO AFTER A WHIPLASH?

Following a car collision, Whiplash is a frequent injury. The answer to whether or not you can sue is yes. However, evaluating whether or not you will succeed can help you decide whether or not it is worthwhile to go through the procedure. Neck pain and stiffness can last

When filing a lawsuit, the first important consideration is whether the responsibility is with you or another person. The relevant legislation in your state, as well as documents recorded at the time of the accident, should be considered. Here are a few points to consider while assessing whether or not you have a personal injury case in this situation:

WHAT RECORDS SHOULD I KEEP TO PROVE INJURY?

MEDICAL

Whiplash is a soft tissue injury classified as a sprain. Therefore physicians must determine if you are suffering from it. It’s also not considered a significant injury; therefore, keeping good documents is essential to winning a case.

If you wish to sue for damages or not, you must see a doctor as soon as possible following the accident. You could decide later that you don’t want to suit after all, but it’s wise to have a medical practitioner document your whiplash injuries just in case. Having such medical papers on hand can assist you in proving that you were wounded if you chose to do so.

It’s also a good idea to keep track of any medicine provided as a consequence of the accident and diagnoses and any other tests that were conducted. If you continue to need medical treatment due to discomfort, it’s critical to maintain track of each visit to strengthen your case.

EXPENSES

Keeping track of medical costs, missed payments due to being out of work, transport to and from doctor’s appointments and hospitals, and even doctor’s notes that keep you out of work for a length of time. This will aid in determining the amount of money the court may award you.

ACCIDENT PHOTOGRAPHS

Any photographs of the accident can help you prove your case. This contains pictures of the collision site and road conditions. Although having police records and information from any witnesses to the collision would be beneficial, this is an area where a personal injury lawyer would be helpful.

THE IMPACT OF WHIPLASH ON YOUR LIFE

Keep note of your symptoms and how they influence your ability to do daily duties. It’s crucial to notice if you can’t sleep, can’t attend family gatherings, have to remain at home, or can’t successfully care for your family.

DO YOU LIVE IN A FAULT OR TORT STATE?

Some police reports and photos from the collision can assist, but it’s also vital to know if you reside in a tort or no-fault state. While most jurisdictions have a responsive system that establishes negligence, certain conditions only provide a restricted amount of compensation to the injured person.

In most no-fault states, the injured person is only compensated for losses not covered by first-party insurance. The insurance company can counter-sue if the number is small enough.

WHAT IS THE BEST WAY TO PROVE NEGLIGENCE?

It’s also critical to make an insurance claim as soon as possible to demonstrate fault. Whiplash is often caused by getting rear-ended, which is virtually always the other driver’s fault, even if you stopped short for whatever reason. However, you’ll need to show that the accident was not your fault, which is another area where a personal injury lawyer may help.

Overall, you may nearly always sue if you get whiplash as a result of a car collision. You have the right to seek damages compensation, even if you were not at fault.

However, the amount you get and how difficult the case is to establish is determined by whether you engage a personal injury lawyer, how much evidence you can gather from physicians’ appointments, and if you can show that the Whiplash has had a significant negative impact on your life. You have the right to sue even if you don’t have these items, but you’ll have a significantly lower chance of winning.

WHAT SHOULD YOU DO IF YOU HAVE A SOFT TISSUE INJURY?

According to the Association for Safe International Road Travel, car accidents hurt or disable around 2.35 million persons in the United States each year. Distracted driving, speeding, wrong turns, hazardous bends, and the weather are all common causes of car accidents.

Many whiplash injuries are minor, but others may be catastrophic and endure a long time. Whiplash can be treated relatively easily is most circumstances. In situations with serious injury and more severe symptoms such as neurological disorders,

SOFT TISSUES INJURIES

Soft tissue injuries affect the muscles, tendons, and ligaments. Whiplash is one of the most prevalent whiplash injuries. When someone is involved in a rear-end accident, this occurs. The head and neck are forcibly pulled forward and backward.

In medical terms, this is known as a “hyper-extension injury” or a “cervical strain or sprain” in medical terms. Sprains, strains, and bruising are some of the other soft tissue injuries that occur due to the impact that occurs when two automobiles meet.

A soft tissue injury may be excruciating. Neck pain and stiffness, bruising, edema, and pain are joint. The impact of a car accident, especially significant, may cause drivers and passengers to be jolted and flung about within the car reasonably violently.

Neck injuries might take anywhere between six and three months to recover. Even three months later, you may still be in discomfort, depending on your lifestyle. It’s possible that you won’t be able to return to all of the activities you liked before the accident. If the discomfort persists, You may get persistent soft tissue damage after three months.

It is critical to get medical help even if you are not suffering any of these symptoms at the time. Symptoms may take two or three days to manifest in some instances. Untreated soft tissue whiplash injuries may lead to persistent discomfort.

WHAT SHOULD I DO IMMEDIATELY FOLLOWING A COLLISION?

Another reason to seek medical assistance right away is to ensure that the damage is documented. This is a crucial step if you need to seek compensation for your injuries. Whether the symptoms occur right away or take a few days to manifest, you will most likely be unable to work or resume your usual activities for some time. Even a six-week absence of income might be problematic, especially if you are the sole pay earner.

It is essential to keep a record of the injuries to get compensation. Because soft tissue injuries are not visible on x-rays or other standard diagnostic procedures, you must have a medical practitioner evaluate you and record your symptoms as well as any drugs you have been given.

Another crucial step is to speak with an attorney. An expert lawyer can evaluate your case and advise you on how to pursue compensation. The at-fault driver’s insurance company will attempt to establish that you are not injured. This absolves them of any need to compensate you for your injuries. They may try to negotiate a lower settlement with you than you deserve. A personal injury attorney can help you defend your legal rights.

WHAT KINDS OF COMPENSATION ARE AVAILABLE FOR SOFT TISSUE INJURIES?

A personal injury lawyer can defend you in court if an insurance adjuster gives you less than you deserve for your injuries. You may be eligible for a variety of sorts of compensation as a result of your injury. The first is lost earnings as a consequence of your accident.

This might be a significant sum depending on the length of time you cannot work. If your injuries have rendered you handicapped, you may be entitled to “loss of earning ability.” This is the amount of money you would have made if you hadn’t been injured in the accident.

Medical treatment is costly, and you may be entitled to reimbursement for your already received services. You may also be eligible for compensation for future medical expenses incurred due to the accident. If your car has been damaged, you may be entitled to compensation for any necessary repairs or, if the car is beyond repair, the car’s worth.

HOW LONG DOES WHIPLASH LAST AFTER A CAR ACCIDENT?

Whiplash injuries can become fully healed in just a few months. About 3 in 5 survivors reported pain in their necks over the course of 10 years.

WHAT SHOULD I DO IF I GET WHIPLASH FROM A CAR ACCIDENT?

How can you treat whiplash? ‘ Ice your neck to avoid pain. Take pain medications to control symptoms when needed. When you’ve been told that chiropractic care may not always go so smoothly, use neck paddings/cradles when appropriate.

CAR A MINOR CAR ACCIDENT CAUSE WHIPLASH?

Whiplash is the most common injury after a crash and may happen due to impact from a crash. Even minimal accidents can result in whiplash when it needs an abrupt end.

WHAT IS THE AVERAGE SETTLEMENT PAYOUT FOR A WHIPLASH INJURY?

Minor whiplash injuries can average anywhere from $500 to $60,000. Serious whiplash accidents with permanently limiting effects such as death lead to lower claims and more compensation payments. An injured shopper may be able to recover up to $5 million in compensation for whiplash.

TELL ME THE DIAGNOSIS OF WHIPLASH?

Whiplash can cause a severe injury and may require a lot less blood circulation but also weakened muscles, nerves and bones. EMF emits pictures from the internal body in body structures based on electrical radiation in the atmosphere. MRI is considered to be more detailed than ordinary optical scan. MRI shows all parts of your body including bones, muscle fat and more. Organs. Surgical X-rays also allow for imaging of bone tissue. MRI scanner is used for showing damaged body parts or structures.

HOW IS WHIPLASH TREATED?

A broader range of clinically valid treatments have proven less useful at the treatment stage of whiplash, in addition pain relief drug including Advil and doxycycline may be useful. Historically whiplash wounds were treated using immobilizing on neck collars.. &select : Despite recent changes in policy it has become easy for people to move from one place to the next instead. Ice can be recommended throughout the day with gentle movements.

COMPLICATIONS

Most whiplash sufferers feel more relaxed after several weeks even if they do not feel as severe as their whiplash injuries. However, patients will often still experience pain for a number of months after the injuries have been sustained. In fact no one recovers fast without a whiplash incident. Some individuals experience serious, severe pain from chronic pain if those symptoms start quickly or are exacerbated by factors like:

WHAT IS WHIPLASH?

Whiplash is sometimes painful and can be easily ignored. Sometimes traumatic circumstances can disguise the pain caused by whiplash, leaving you feeling no injuries from a severe injury. It is very helpful requesting immediate emergency treatment after an accident or car wreckage, regardless of any medical symptoms. You will recover slowly, depending on your injuries. Muscle and skeletal structures are susceptible to disease and compression resulting in painful pain and reoccurring.

THE AVERAGE WHIPLASH SETTLEMENT

Whiplash is usually a mild ailment treated with drugs, massage therapy, and wearing a neck brace. On the other hand, Whiplash may cost thousands of dollars in medical bills and missed pay. Whiplash injury applicants have obtained tens of thousands of dollars in compensation.

The number of your injuries and the medical treatment expenses will determine the value of your claim. In Colorado, a personal injury lawsuit may result in more compensation for your injuries than filing an insurance claim. You have three years from the date of your accident to launch a case against someone who caused your whiplash injury.

The courts will almost always refuse to consider your case if the statute of limitations has passed. Time restrictions are strictly enforced in Colorado courts, so consult with a Colorado Springs personal injury lawyer early before your deadline expires. A personal injury attorney may be able to assist you in obtaining maximum compensation for a whiplash injury.

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